Arbitrating the Conduct of International Investors

This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.

Jose Daniel Amado (Author), Jackson Shaw Kern (Author), Martin Doe Rodriguez (Author)

9781108415729, Cambridge University Press

Hardback, published 11 January 2018

218 pages, 10 b/w illus. 1 table
23.5 x 15.6 x 1.5 cm, 0.43 kg

'The book comes, in a timely manner, to assist stakeholders in the ISDS [Investor-State Dispute Settlement] system, in finding the proper solution to the current imbalance of the system, and, in particular, to the absence of a reciprocal mechanism in addressing issues of investment law. The authors put together a practical toolkit, easy to use and readily available, balancing the interests of investors, host and home states, as well as - and probably more importantly - of nationals of host states affected by the breach of investors' obligations.' Crina Baltag, Journal of International Arbitration

Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals.

Introduction
1. The legal landscape
2. The four models
3. Jurisdiction Ratione Personae: the foreign investor
4. Mass proceedings and settlement agreements
5. Jurisdiction Ratione Materiae: the substantive rights
6. Enforcement
Conclusion
Annex I: the model texts
Index.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Civil procedure, litigation & dispute resolution [LNAC], International human rights law [LBBR], International economic & trade law [LBBM], Public international law [LBB], Law [L]